Housing boss fights back

HOUSING boss Lindile Petuna has hit back at claims of misconduct against him, accusing Nelson Mandela Bay city manager Mpilo Mbambisa of not following proper labour processes in trying to discipline him.

In his response to Mbambisa’s letter of intent to suspend him – which Petuna received a week ago – Petuna demanded documentary proof to back up the city manager’s allegations.

Through his lawyer, Sidney Spilkin, the human settlements executive director has questioned the purpose and integrity of the decision to suspend him, saying the city was “obliged” to properly investigate matters before taking action.

His letter to Mbambisa – dated July 23 – comes after the Bay council decided 10 days ago to start a disciplinary process against Petuna and corporate services boss Mod Ndoyana for alleged misconduct.

The council approved Mbambisa’s recommendation that an independent investigator probe the allegations against the two, and if they believe there is a reasonable case of misconduct, they must be placed on precautionary suspension.

Council also agreed to give Petuna an opportunity to say, in writing, why he should not be suspended within seven days of being notified of council’s decision.

The allegations against Petuna range from unduly influencing a town planner to approve a rezoning application to gross insubordination for allegedly ignoring instructions from Mbambisa on matters pertaining to rezoning applications and building plans.

He is accused of misleading or attempting to mislead council on 133 occasions, “which amount to separate acts of misconduct for which he may be charged”.

In Spilkin’s letter – seen by The Herald – it states: “It is contended that the dictates of fairness apply to all suspensions equally, regardless of the form a particular suspension takes, be it employed as a holding operation or as a disciplinary sanction or penalty.

“It is further contended that the purpose of the suspension and its integrity requires an in-depth preliminary investigation.

-Rochelle de Kock

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